Tribunals Amalgamation Act 2015 (60 of 2015)

Schedule 1   Amendment of the Administrative Appeals Tribunal Act 1975

Administrative Appeals Tribunal Act 1975

103   After section 40

Insert:

40A Power to summon person to give evidence or produce documents

(1) For the purposes of a proceeding before the Tribunal, the President, an authorised member or an officer of the Tribunal may summon a person to do either or both of the following, on the day, and at the time and place, specified in the summons:

(a) appear before the Tribunal to give evidence;

(b) produce any document or other thing specified in the summons.

Note: This section does not apply in relation to proceedings in the Social Services and Child Support Division, as a result of provisions in the enactments that authorise applications for reviews that will be heard in that Division.

(2) The President or an authorised member may refuse a request to summon a person.

(3) A person may, before the day specified in the summons, comply with a summons to produce a document or thing by producing the document or thing at the Registry from which the summons was issued. If the person does so, the person is not required to attend the hearing of the proceeding unless:

(a) the summons or another summons requires the person to appear before the Tribunal; or

(b) the Tribunal directs the person to attend the hearing.

40B Inspection of documents produced under summons

(1) Any of the following persons may give a party to a proceeding leave to inspect a document or other thing produced under a summons in relation to the proceeding:

(a) the President;

(b) an authorised member;

(c) an authorised officer.

Note: This section does not apply in relation to proceedings in the Social Services and Child Support Division, as a result of provisions in the enactments that authorise applications for reviews that will be heard in that Division.

(2) However, an authorised officer must not make a decision about giving leave, and must instead arrange for the President or an authorised member of the Tribunal to make the decision, if:

(a) the officer considers that it is not appropriate for the officer to make the decision; or

(b) a party to the proceeding applies to the officer to have the decision made by a member of the Tribunal.

(3) If an authorised officer decided whether to give a party to a proceeding leave to inspect a document produced under a summons:

(a) a party to the proceeding may apply to the Tribunal, within 7 days or an extended time allowed by the Tribunal, to reconsider the decision; and

(b) the Tribunal may reconsider the decision on such an application or its own initiative; and

(c) the Tribunal may make such order as it thinks fit in relation to the giving of leave to inspect the document.